HomeMy WebLinkAboutFile Documents.33 MINING STOCK PKWY.0093-2020-BRES (43)CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
City of Aspen|130 S. Galena St.|(970) 920 5090 April 2020
COMMUNITY DEVELOPMENT DEPARTMENT
GENERAL LAND USE PACKET
Attached is an Application for review of Development that requires Land Use Review pursuant to
The City of Aspen Land Use Code: Included in this package are the following attachments:
1. Development Application Fee Policy, Fee Schedule and Agreement
to Pay Application Fees Form
2. Land Use Application Form
3. Dimensional Requirements Form (if required)
4. HOA Compliance Form
5. Development Review Procedure
All Application are reviewed based on the criteria established in Title 26 of the Aspen Municipal Code. Title 26 of
the Aspen Municipal Code is available at the City Clerk’s Office on the second floor of City Hall and on the internet
at www.cityofaspen.com, City Departments, City Clerk, Municipal Code, and search Title 26.
We require all applicants to hold a Pre-Application Conference with a Planner in the Community Development
Department so that the requirements for submitting a complete application can be fully described. This
meeting can happen in person or by phone or e-mail. Also, depending upon the complexity of the
development proposed, submitting one copy of the development application to the Case Planner to determine
accuracy, inefficiencies, or redundancies can reduce the overall cost of materials and Staff time.
Please recognize that review of these materials does not substitute for a complete review of the Aspen Land Use
Regulations. While this application package attempts to summarize the key provisions of the Code as they apply
to your type of development, it cannot possibly replicate the detail or the scope of the Code. If you have
questions which are not answered by the materials in this package, we suggest that you contact the staff
member assigned to your case, contact Planner of the Day, or consult the applicable sections of the Aspen Land
Use Code.
08/26/2020
CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
City of Aspen|130 S. Galena St.|(970) 920 5090 April 2020
Land Use Review Fee Policy
The City of Aspen has established a review fee policy for the processing of land use applications. A flat fee or deposit is
collected for land use applications based on the type of application submitted.
A flat fee is collected by Community Development for applications which normally take a minimal and predictable amount of
staff time to process. Review fees for other City Departments reviewing the application (referral departments) will also be
collected when necessary. Flat fees are cumulative – meaning an application with multiple flat fees must be pay the sum of
those flat fee. Flat fees are not refundable.
A review fee deposit is collected by Community Development when more extensive staff time is required.
Actual staff time spent will be charged against the deposit. Various City staff may also charge their time spent on the case in
addition to the case planner. Deposit amount may be reduces if, in the opinion of the Community Development Director, the
project is expected to take significantly less time to process than the deposit indicates.
A determination on the deposit amount shall be made during the pre-application conference by the case planner. Hourly
billing shall still apply.
All applications must include an Agreement to Pay Application Fees. One payment including the deposit for Planning and
referral agency fees must be submitted with each land use application, made payable to the City of Aspen. Applications will
not be accepted for processing without the required fee.
The Community Development Department shall keep an accurate record of the actual time required for the processing of a
land use application requiring a deposit. The City can provide a summary report of fees due at the applicant’s request. The
applicant will be billed for the additional costs incurred by the City when the processing of an application by the Community
Development Department takes more time or expense than is covered by the deposit. Any direct costs attributable to a
project review shall be billed to the applicant with no additional administrative charge. In the event the processing of an
application takes less time than provided for by the deposit, the department shall refund the unused portion of the deposited
fee to the applicant. Fees shall be due regardless of whether an applicant receives approval.
Unless otherwise combined by the Director for simplicity of billing, all applications for conceptual, final and recordation of
approval documents shall be handled as individual cases for the purpose of billing. Upon conceptual approval all billing shall be
reconciled and past due invoices shall be paid prior to the Director accepting an application for final review. Final review shall
require a new deposit at the rate in effect at the time of final submission. Upon final approval all billing shall be again reconciled
prior to the Director accepting an application for review of technical documents for recordation.
The Community Development Director may cease processing of a land use application for which an unpaid invoice is 30 or more
days past due. Unpaid invoices of 90 days or more past due may be assessed a late fee of 1.7% per month. An unpaid invoice of
120 days or more may be subject to additional actions as may be assigned by the Municipal Court Judge. All payment information
is public domain.
All invoices shall be paid prior to issuance of a Development Order or recordation of development agreements and plats. The City
will not accept a building permit for a property until all invoices are paid in full. For permits already accepted, and unpaid invoice
of 90 days or more days may result in cessation of building permit processing or issuance of a stop work order until full payment is
made.
The property owner of record is the party responsible for payment of all costs associated with a land use application
for the property. Any secondary agreement between a property owner and an applicant representing the owner (e.g.
a contract purchaser) regarding payment of fees is solely between those private parties.
08/26/2020
CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
City of Aspen|130 S. Galena St.|(970) 920 5090 April 2020
Agreement to Pay Application Fees
An agreement between the City of Aspen (“City”) and
Address of Property:
Please type or print in all caps
Property Owner Name: Representative Name (if different from Property Owner)
Billing Name and Address - Send Bills to:
Contact info for billing: e-mail: Phone:
I understand that the City has adopted, via Ordinance No. 30, Series of 2017, review fees for Land Use applications and
payment of these fees is a condition precedent to determining application completeness. I understand that as the property
owner that I am responsible for paying all fees for this development application.
For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these flat fees are
non-refundable.
$. flat fee for . $. flat fee for
$. flat fee for . $. flat fee for
For Deposit cases only: The City and I understand that because of the size, nature or scope of the proposed project, it is not
possible at this time to know the full extent or total costs involved in processing the application. I understand that additional
costs over and above the deposit may accrue. I understand and agree that it is impracticable for City staff to complete
processing, review and presentation of sufficient information to enable legally required findings to be made for project
consideration, unless invoices are paid in full.
The City and I understand and agree that invoices mailed by the City to the above listed billing address and not returned to
the City shall be considered by the City as being received by me. I agree to remit payment within 30 days of presentation of
an invoice by the City for such services.
I have read, understood, and agree to the Land Use Review Fee Policy including consequences for no-payment. I agree to pay
the following initial deposit amounts for the specified hours of staff time. I understand that payment of a deposit does not
render and application complete or compliant with approval criteria. If actual recorded costs exceed the initial deposit, I
agree to pay additional monthly billings to the City to reimburse the City for the processing of my application at the hourly
rates hereinafter stated.
$ deposit for hours of Community Development Department staff time. Additional time
above the deposit amount will be billed at $325.00 per hour.
$ deposit for hours of Engineering Department staff time. Additional time above the
deposit amount will be billed at $325.00 per hour.
City of Aspen:
Phillip Supino, AICP
Community Development Director
City Use:
Fees Due: $ Received $
Case #
Signature:
PRINT Name:
Title:
50-225 Paepcke Drive // Burlingame Phase 2B (aka Phase 3)
City of Aspen Chris Everson
Chris Everson, City of Aspen Project Manager, 130 S. Galena St, Aspen CO 81611
chris.everson@cityofaspen.com 970-429-1834
$650.00
$1,300.00 4
Chris Everson
Chris Everson
City of Aspen, Senior Affordable Housing Project Mgr.
Parks Department
1$325.00
08/26/2020
CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
City of Aspen|130 S. Galena St.|(970) 920 5090 April 2020
LAND USE APPLICATION
APPLICANT:
REPRESENTIVATIVE:
Description: Existing and Proposed Conditions
Review: Administrative or Board Review
Required Land Use Review(s):
Growth Management Quota System (GMQS) required fields:
Net Leasable square footage Lodge Pillows Free Market dwelling units
Affordable Housing dwelling units Essential Public Facility square footage
Have you included the following? FEES DUE: $
Pre-Application Conference Summary
Signed Fee Agreement
HOA Compliance form
All items listed in checklist on PreApplication Conference Summary
Name:
Address:
Phone#: email:
Address:
Phone #: email:
Name:
Project Name and Address:
Parcel ID # (REQUIRED)
50-225 Paepcke Drive // Burlingame Phase 2B (aka Phase 3)
273502318001, 273502318803, 273502318006, 273502318007
City of Aspen c/o Chris Everson, Project Manager
130 S. Galena St, Aspen CO 81611
970-429-1834 chris.everson@cityofaspen.com
Chris Everson, Project Manager
130 S. Galena St, Aspen CO 81611
970-429-1834 chris.everson@cityofaspen.com
The purpose of this land use application is to seek administrative approval and recording of proposed
insubstantial changes, as described in the attached letter and exhibits, to the existing recorded planned
development as approved in City of Aspen Ordinance 22 of 2011.
The proposed development of 79 additional (100% affordable) condominiums in 8 buildings located at 50-225
Paepcke Drive (Buildings #8 through #15) and associated infrastructure is described in City of Aspen Ordinance
22 of 2011 and the associated Development Agreement (Pitkin County reception #598455) and the PD Plan
Set (Pitkin County reception #598457).
The existing condition of the site is construction-ready. Water, sewer and electric mains are existing under the
existing Paepcke Drive road base. There are certain interim drainage basins which are currently in place on site
which will be further developed per the master drainage study as construction moves forward.
$2,275.00
X
X
X
X
Applicant proposes this application for administrative review only
79
08/26/2020
CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
City of Aspen|130 S. Galena St.|(970) 920 5090 April 2020
DIMENSIONAL REQUIREMENTS FORM
Complete only if required by the PreApplication checklist
Project and Location
Applicant:
Zone District: Gross Lot Area: Net Lot Area:
**Please refer to section 26.575.020 for information on how to calculate Net Lot Area
Please fill out all relevant dimensions
Single Family and Duplex Residential
1) Floor Area (square feet)
2) Maximum Height
3) Front Setback
4) Rear Setback
5) Side Setbacks
6) Combined Side Setbacks
7) % Site Coverage
Existing Allowed Proposed Multi-family Residential
1) Number of Units
2) Parcel Density (see 26.710.090.C.10)
3) FAR (Floor Area Ratio)
4) Floor Area (square feet)
4) Maximum Height
5) Front Setback
6) Rear Setback
Existing Allowed Proposed
8) Minimum distance between buildings
Proposed % of demolition
7) Side Setbacks
Proposed % of demolition
Commercial
Proposed Use(s)
Existing Allowed Proposed
1) FAR (Floor Area Ratio)
2) Floor Area (square feet)
3) Maximum Height
4) Off-Street Parking Spaces
5) Second Tier (square feet)
6) Pedestrian Amenity (square feet)
Proposed % of demolition
Existing non-conformities or encroachments:
Variations requested:
Lodge
Additional Use(s)
1) FAR (Floor Area Ratio)
2) Floor Area (square feet)
3) Maximum Height
4) Free Market Residential(square feet)
4) Front setback
5) Rear setback
6) Side setbacks
7) Off-Street Parking Spaces
8) Pedestrian Amenity (square feet)
Proposed % of demolition
Existing Allowed Proposed
See Ordinance 22 of 2011, specifically buildings 8-15
08/26/2020
CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
April 2020 City of Aspen|130 S. Galena St.|(970) 920 5090
Homeowner Association Compliance Policy
All land use applications within the City of Aspen are required to include a Homeowner Association
Compliance Form (this form) certifying the scope of work included in the land use application complies
with all applicable covenants and homeowner association policies. The certification must be signed by
the property owner or Attorney representing the property owner.
Property
Owner (“I”):
Name:
Email: Phone No.:
Address of
Property:
(subject of
application)
I certify as follows: (pick one)
□ This property is not subject to a homeowners association or other form of private covenant.
□ This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application do not require approval by the homeowners association or covenant beneficiary.
□ This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application have been approved by the homeowners association or
covenant beneficiary.
I understand this policy and I understand the City of Aspen does not interpret, enforce, or manage the
applicability, meaning or effect of private covenants or homeowner association rules or bylaws. I
understand that this document is a public document.
Owner signature: date:
Owner printed name:
or,
Attorney signature: date:
Attorney printed name:
X
Chris Everson 4/29/2020
Chris Everson, City of Aspen
50-225 Paepcke Drive // Burlingame Ranch Phase 2B (aka Phase 3)
Chris Everson, City of Aspen Project Manager, 130 S. Galena St, Aspen CO 81611
chris.everson@cityofaspen.com 970-429-1834
08/26/2020
CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
April 2020 City of Aspen|130 S. Galena St.|(970) 920 5090
DEVELOPMENT REVIEW PROCEDURE
1. Attend pre-application conference. During this one-on-one meeting, staff will determine the review process
which applies to your development proposal and will identify the materials necessary to review your application.
2. Submit Development Application. Based on your pre-application meeting, you should respond to the
application package and submit the requested number of copies of the complete application and the application
and the appropriate processing fee to the Community Development Department.
3. Determination of Completeness. Within five working days of the date of your submission, staff will review the
application, and will notify you in writing whether the application is complete or if additional materials are
required. Please be aware that the purpose of the completeness review is to determine whether or not the
information you have submitted is adequate to review the request, and not whether the information is sufficient
to obtain approval.
4. Staff Review of Development Application. Once your application is determined to be complete, it will be
reviews by the staff for compliance with the applicable standards of the Code. During the staff review stage, the
application will be referred to other agencies for comments. The Planner assigned to your case or the agency may
contact you if additional information is needed or if problems are identified. A memo will be written by the staff
member for signature by the Community Development Director. The memo will explain whether your application
complies with the Code and will list any conditions which should apply if the application is to be approved.
Final approval of any Development Application which amends a recorded document, such as a plat, agreement or
deed restriction, will require the applicant to prepare an amended version of that document for review and
approval by staff. Staff will provide the applicant with the applicable contents for the revised plat, while the City
Attorney is normally in charge of the form for recorded agreements and deed restrictions. We suggest that you
not go to the trouble or expense of preparing these documents until the staff has determined that your
application is eligible for the requested amendment or exemption.
5. Board Review of Application. If a public hearing is required for the land use action that you are requesting,
then the Planning Staff will schedule a hearing date for the application upon determination that the Application is
complete. The hearing(s) will be scheduled before the appropriate reviewing board(s). The applicant will be
required to nail notice (one copy provided by the Community Development Department) to property owners
within 30 feet of the subject property and post notice (sign available at the Community Development Department)
of the public hearing on the site at least fifteen (15) days prior to the hearing date (please see Attachment 6 for
instructions). The Planning Staff will publish notice of the hearing in the paper for land use requests that require
publication.
The Planning Staff will then formulate a recommendation on the land use request and draft a memo to the
reviewing board(s). Staff will supply the Applicant with a copy of the Planning Staff’s memo approximately 5 days
prior to the hearing. The public hearing(s) will take place before the appropriate review boards. Public Hearings
include a presentation by the Planning Staff, a presentation by the Applicant (optional), consideration of public
comment, and the reviewing board’s questions and decision.
(Continued on next page)
08/26/2020
CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
April 2020 City of Aspen|130 S. Galena St.|(970) 920 5090
6. Issuance of Development Order. If the land use review is approved, then the Planning Staff will issue a
Development Order which allows the Applicant to proceed into Building Permit Application.
7. Receipt of Building Permit. Once you have received a copy of the signed staff approval, you may proceed to
building permit review. During this time, your project will be examined for its compliance with the Uniform
Building Code. It will also be checked for compliance with applicable provisions of the Land Use Regulations which
were not reviewed in detail during the one step review (this might include a check of floor area ratios, setbacks,
parking, open space and the like). Fees for water, sewer, parks and employee housing will be collected if due. Any
document required to be recorded, such as a plat, deed restriction or agreement, will be reviewed and recorded
before a Building Permit is submitted.
08/26/2020